498a filed by wife but the report (Charge Sheet) not submitted after 10 months after filling FIR?
What to do?
Can I quash FIR in High Court? Do U have any support cases in this?
Vijaymbhave (It Developer) 19 November 2009
498a filed by wife but the report (Charge Sheet) not submitted after 10 months after filling FIR?
What to do?
Can I quash FIR in High Court? Do U have any support cases in this?
Legal Fighter (Advocate) 19 November 2009
no ground at all. limitation period for filing chargesheet is 3 years. even after 3 years, courts condone the delay very easily. so find some other ground to get it quashed.
Shree. ( Advocate.) 19 November 2009
Find this provoking judgment/order of Chennai HC. There are several important points mentioned below regarding arrests, investigation by police, judicial remand etc.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2008
CORAM
THE HON'BLE MR. JUSTICE R.REGUPATHI
M.P. No.1 of 2008
in
Crl.O.P. No.10896 of 2008
ORDER
Pursuant to the direction of this Court dated 07.07.2008 to file compliance report, the Director General of Police in consultation with the Government, has issued the following Circular Memorandum:-
" Circular Memorandum
Sub- Filing of cases registered under Dowry Death / Suicide in All
Women P.S. - Instructions issued.
*****
The Honorable High Court has issued the following observation in M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah.
i) Except in cases of Dowry Death/suicide and offences of serious nature, the Station House Officers of the All Women Police Stations are to register F.I.R. only on approval of the Dowry Prohibition Officer concerned. ii) Social workers/mediators with experience may be nominated and housed in the same premises of All Women Police Stations along with Dowry Prohibition Officers.
iii) Arrest in matrimonial disputes, in particular arrest of aged, infirm, sick persons and minors, shall not be made by the Station House Officers of the All
Women Police Stations.
iv) If arrest is necessary during investigation, sanction must be obtained from the Superintendent of Police concerned by forwarding the reasons recorded in
writing.
v) Arrest can be made after filing of the final report before the Magistrate concerned if there is non-cooperation and abscondance of accused persons, and after receipt of appropriate order (Non-Bailable Warrant).
vi) Charge sheet must be filed within a period of 30 days from the date of registration of the F.I.R. and in case of failure, extension of time shall be sought for from the
jurisdiction Magistrate indicating the reasons for the failure.
vii) No weapon including Lathis/physical force be used while handling cases at the All Women Police Stations.
Ajay Bansal (Advocate) 20 November 2009
Delat in filing of charge sheet for ten months is no ground for quashing of F.I.R. It would be better to wait for submitting of challan by police for atleast three years.If after three years of registration of F.I.R, the charge-sheet [ challan] is not submitted in the court , then accused will be discharged as per provision of section 468 Cr.P.C.
Ajay Bansal (Advocate) 20 November 2009
Delay in filing of charge sheet for ten months is no ground for quashing of F.I.R. It would be better to wait for submitting of challan by police for atleast three years.If after three years of registration of F.I.R, the charge-sheet [ challan] is not submitted in the court , then accused will be discharged as per provision of section 468 Cr.P.C.
aatma 21 November 2009
Vijay,
I know there are 498a cases without charge sheet for more than a year. No investigations. This is police tactics to extort money from innocent husband's family by put them under pressure.
There are so many court orders and instructions regarding the 498a investigation. But those are just eyewash and those orders are just show the public that courts are alive. Police never obey and respect any court orders and circulars.
What Mr. Shree cited here is one of the circulars from the court in 2008. Even after this instruction immediately in next year in 2009 again the chief justice of Madras high court dispensed another circular about the dowry act. Why? They will keep giving this type of circulars again and again. No end.....But the question is who is following? and who will follow? Even the court does not know!
One More Judgment Just for Court Records
Don't go for quash now. It will be just like a dumping your money in a hole. If you want to do something on thins just file RTI to the SP office in that jurisdiction asking the status of the FIR.
If you don't get any annoying threats from police and opponent, don't waste your time to concentrate on this garbage 498a matter. If already you have secured bail for your people then find a way to enjoy your life with happiness. Don't waste a single valuable minute in your life for this meaningless legal terrorism business.
naveen p (junior advocate) 22 November 2009
Hardik Mehta (Family Counsellor) 24 November 2009
Vijay,
File the RTI in the police station asking for the status of the investigations and the statement of the witnesses u/s 161 of CrPC. If the police fails to give the statements stating the reason of 172, you can go to CIC to get the releif. State that you want to know the progress as well as you want to file for the quash. The chargesheet will be filed immediately. Dont worry, they are bound to reply through RTIs.
roseann (Advocate) 28 December 2009
Sir,
thanks for the info but could you please tell me as to what reasons may be cited before the Jurisdiction magistrate for the extension.
Rajaramana RV (Employee) 08 July 2013
Dear Querist, has yoru chargesheet been filed? What has happened? Has your lawyer checked with the court if chargesheet has been filed or not?
Aryan 20 December 2017
why you misguide people?
Nitish Banka (lawyer) 27 January 2018
498a Quashing-How to Quash?
These days its quite an easy tasks for women to register a FIR by attributing allegations of cruelty and a case is registered and thereby the husband and his family members has to go harassment and torture. Now one remedy is available for them which can relieve them from all the harassment and torture and that is quashing of FIR under 482 CrPC. But this remedy is generally very sparingly and rarely exercised by the courts. Generally allegations of cruelty are mentioned in the FIR and based on this FIR is lodged but sometimes police forgets that in the cases of 498a general allegations of cruelty does not stand, the allegation must qualify either of the two parts as envisaged in section 498a.
First part is that the harassment which can be physical or mental is of such a nature that it could cause women to put her under grievous hurt or she may even commit suicide based on such harassment, therefore only gravest form of harassment are covered, but less graver form of harassment can be used in civil suit for divorce. if the FIR does not satisfy this ingredient the Fir can be quashed as held
In Nagawwa v. Veeranna Shivalingappa Konjalgi, (1976) 3 SCC 736, it was held that the Magistrate while issuing process against the accused should satisfy himself as to whether the allegations made in the complaint, if proved, would ultimately end in the conviction of the accused. It was held that the order of Magistrate for issuing process against the accused could be quashed under the following circumstances: (SCC p. 741, para 5) “(1) Where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused; (2) Where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused;
(3) Where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having been based either on no evidence or on materials which are wholly irrelevant or
inadmissible; and (4) Where the complaint suffers from fundamental legal defects, such as, want of sanction, or absence of a complaint by legally competent authority and the like.”
Shakson Belthissor vs State Of Kerala & Anr on 6 July, 2009
In order to understand the meaning of the expression `cruelty’ as envisaged under Section 498A, there must be such a conduct on the part of the husband or relatives of the husband of woman which is of such a nature as to cause the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman.
Therefore if prima facie the charge sheet or FIR does not disclose an offence under section 498a the court can quash
the proceedings.
Warm Regards,
Adv.Nitish Banka
Advocate Supreme Court of India
nitish@lexspeak.in
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